(a) A person
commits an offense if the person is intoxicated while operating a
motor vehicle in a public place.
(b) Except as provided by Subsection (c) and § 49.09, an
offense under this section is a Class B misdemeanor, with a minimum
term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this
section that at the time of the offense the person operating the
motor vehicle had an open container of alcohol in the person's
immediate possession, the offense is a Class B misdemeanor, with a
minimum term of confinement of six days.

NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need
legal advice regarding a criminal matter in the state of Texas, please
contact us
at (512) 478-0758 or fill out a brief
case questionnaire.